VIA FEDERAL EXPRESS OVERNIGHT MAIL September 6, 2008 Hon. Thomas P Zugibe Rockland County District Attorney 1 South Main Street, Suite 500 New City, New York 10956 Judith C. McCarthy, Assistant Attorney General In Charge Office of the New York State Attorney General Westchester Regional Office 101 East Post Road White Plains, New York 10601 Rachel Pauley, Deputy General Counsel Office of the New York State Attorney General Public Integrity Bureau 120 Broadway, 22 nd FloorNew York, New York 10271 Michael J. Garcia, USA Office of the United States Attorney Southern District 300 Quarropas Street, Third Floor White Plains, NY 10601 Rockland County Board of Elections 11 New Hempstead Road New City, New York 10956 New York State Board of Elections 40 Steuben Street Albany, New York 12207 RE: Demeza Delhomme By Appointment Empire State Building White Plains Yonkers350 Fifth Avenue, Suite 2716 175 Main Street, Suite 310 165 Bronx River Road New York, New York 10118 White Plains, New York 10601 Yonkers, New York 10704 Dear Sirs/Madams: I am writing as counsel to the Ramapo Democratic Committee, upon instructions from Hon. Joseph L. Meyers as Chair of the Ramapo Democratic Committee, to file a Complaint against Demeza Delhome for numerous apparent violations of the New York State Election Law, including but not limited to Sections 17-102, 17-158(1) and well as the Untied States Voters Right Act.By way of background, the political landscape within the Rockland Democratic Party is been marred with controversy in the past months. During the Democratic Primary, there was an unprecedented number of contested races for seats in the Rockland Democratic Committee encompassing the Town of Ramapo and Village of Spring Valley, each of which have their own Democratic Committees, duly formed pursuant to New York State Election Law. The two factions of the Democratic Party in the Town of Ramapo included a slate backed by Town of Ramapo Supervisor Christopher St. Lawrence, as well as others within the Town of Ramapo, including but not limited to, Demeza Delhome. The other faction is made up of a group called the Ramapo Democrats For Change, and was led by; Joseph Meyers and Jacques Michel, both members of the Rockland County Legislature representing portions of the Town of Ramapo. Following the September 9, 2008 Primary Election, the Ramapo Democrats For Change won approximately 166 seats to the St. Lawrence slate which won approximately 131 seats, providing the Ramapo Democrats For Change with a clear majority to win a vote in the Reorganization Meeting of the Ramapo Democratic Party. Although a Reorganization Meeting was held on September 17, 2008, the matter is currently being litigated.This Complaint is being submitted following several individuals advising the Ramapo Democratic Committee that they have been threatened, harassed or otherwise intimidated, by Mr. Delhomme, in an apparent effort to disenfranchise them from the political process. These parties who have been treatened, harassed or otherwise intimidated have publicly aligned themselves with the Ramapo Democrats For Change faction of the Ramapo Democratic Party and have unmistakably revealed their intent to vote for the Ramapo Democrats for Change in any meetings of the Rockland, Ramapo and Spring Valley Democratic Committees. Moreover, each of the individuals accosted by Mr. Delhome are members of the Haitian-American community and most are newly- elected Committee Members of the Ramapo Democratic Committee It is further important to note, that Mr. Delhome is an elected official, in that he is a Trustee in the Village of Spring Valley. One of the individuals accosted by Mr. Delhomme is an employee of the Village of Spring Valley whose employment was threatened due to his participation in the Ramapo Democratic Committee. The New York State Election Law Section 17-102 provides that an individual is guilty of a Misdemeanor if they:(5) Fraudulently or wrongfully does any act tending to affect the result of any primary election, caucus or convention; or * * (7) Directly or indirectly, by himself or through any other person, pays, or offers to pay, money or other valuable thing, or promises a place or position, or offers any other consideration or makes any other promise, to any person, to induce any voter to vote, or refrain from voting, at a primary election or caucus, or convention, for or against any particular person; or does or offers to do, anything to hinder or delay any elector from taking part in or voting at a primary election or caucus; or, Further, specifically dealing with the use of public office for corruption in elections, the New York State Election Law Section 17-158 (1):While holding public office, or being nominated or seeking a nomination therefor, corruptly uses or promises to use, directly, or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or of any other person, shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or consideration. Upon review of the Affidavits annexed hereto, it appears that Mr. Delhomme violated the above-referenced sections of the New York State Election Law, as well as other areas of the United States, New York State and Local Law not listed. The attached Affidavits are as follows: HEDWIDGE GEORGES — A Committee Member of Rockland, Ramapo and Spring Valley Democratic Committees, President of the Haitian-American Voters and Entrepreneurs Network reports that Mr. Delhomme abruptly entered her office, threatened her due to her affiliation with the Ramapo Democrats for Change, stated that he would hurt her politically and economically. Further, in her presence referred to her and said, "I'd like to see all of them dead, starting with Jacques Michel." It is important to note that this exchange occurred just prior to the meetings of the Ramapo and Spring Valley Democratic Committees on September 25, 2008. SERGO BEAUBOEF - A Committee Member of Rockland, Ramapo and Spring Valley Democratic Committees, reports that Mr. Delhomme pounded and screamed at his front door to gain entry and then attempted to coerce him to sign a Proxy for his vote on the Committees. He reports further, that Delhomme told him,"Jacques (Michel) is a bad man and he is working with racist Jews who have paid Jacques $20,000.00 to mess up St. Lawrence's Committee." Thereafter, he states that Mr. Delhomme, as a Village of Spring Valley Trustee, threatened his employment with the Village of Spring Valley by advising him that "St. Lawrence is in charge and that he can 'help me or hurt me,'" and concluded that, "If I acted correctly I would be left alone". It is important to note that this exchange occurred just prior to the meetings of the Rockland Democratic Committee, Ramapo Democratic Committee on September 17, 2008, and of the Ramapo and Spring Valley Democratic Committees on September 25, 2008. MAXENE SAINVIL - A Committee Member of Rockland, Ramapo and Spring Valley Democratic Committees, reports that on September 25, 2008, prior to the meetings of the Ramapo and Spring Valley Democratic Committees, he was accosted by Mr. Delhomme. During this exchange Mr. Sainvil reports that Mr. Delhomme attempted to threaten, harass and intimidate him by saying that he would be in "serious trouble" if he went to the meetings that night as he was "not supposed to be there". Just prior to Mr. Delhomme leaving, Mr. Sainvil reports that Mr. Delhomme stated, "I know where you live and so do the St. Lawrence people".SULTAN DEMOSTHENES - A Committee Member of Rockland, Ramapo and Spring Valley Democratic Committees, reports that on September 14, 2008, Mr. Delhomme pounded at his front door and screamed that he, "wanted to talk to me and to sign something". Mr. Delhomme continued, "You signed for the wrong man (referring to his Proxy to vote at the Committees). Jacques is a bad man working for racist Jews, who pay him to make trouble for St. Lawrence. You will get into a lot of trouble with Jacques." Just prior to leaving, Mr. Delhomme told him that, "I should not be part of the Committee and that he would come back with papers to take me off the Committee."JACQUES CHALOT — On September 25, 2008, Mr. Chalot was present at the Ramapo Cultural Arts Center where the meetings of the Spring Valley and Ramapo Democratic Committees where being held. Mr. Chalot reports that he witnessed Mr. Delhome walk to the basement of the Center where the building's main circuit breaker is located just prior to the lights in the building being turned off while the Roll Call of the Ramapo Democratic Committee was being held. The lights being turned off caused Mr. Chalot to become confused and afraid.6. TONI LESTER - On September 25, 2008, Toni Lester was present at the Ramapo Cultural Arts Center where the meetings of the Spring Valley and Ramapo Democratic Committees where being held. Lester reports that when entering the Center, he was accosted by Patricia A. Caldwell and Ryan Karben, who both attempted to stop him from entering the meetings. While no "tickets" were required to enter, Mr. Karben stated that he needed a ticket before entering. Mr. Lester then reports that he witnessed Mr. Delhomme go to the area of the stage where the light switches where located and then the lights were turned off. The lights being turned off caused Mr. Lester to fear for his safety.The annexed Affidavits provide a clear cause for concern by my client, the Ramapo Democratic Committee, as it's new leadership is endeavoring to open the doors of the Democratic Party to all within the Town of Ramapo, the largest Town within the County of Rockland. To forward this goal of uninhibited inclusion, the Ramapo Committee is seeking to promote political activity within all groups located within the Town and finds it deeply disturbing that Mr. Delhomme appears to be targeting members of the Haitian-American community within Ramapo, in an effort to threaten, intimidate and harass them with the goal of unlawfully manipulating their political activity or otherwise disenfranchising them. It is respectfully requested that each of your agencies conduct an immediate investigation of the alleged unlawful activities of Mr. Delhomme, which upon information and belief, are on-going and severely cripple the political process within the Town of Ramapo. Further, it would also be greatly appreciated if a meeting could be held so that members of each of your agencies could discuss this matter with Hon. Joseph L. Meyers as Chair of the Ramapo Democratic Committee, as well as other concerned parties, so that the community can be advised of the course of action your respective agencies plan to pursue. Upon your receipt of this Complaint, please contact me at (718) 931-6000 to advise me if a meeting may be scheduled and if so when. Thank you for your attention to this matter. Very truly yours, FAGA LLP. cc: Hon. Joseph L. Meyers, Chair of the Ramapo Democratic Committee, Member of the Rockland County Legislature Hon. Jacques Michel, Co-Chair of the Ramapo Democratic Committee, Member of the Rockland County Legislature Dr. Robert Rhodes, Chairman of Preserve Ramapo Hedwidge Georges, Pres. of Haitian-American Voters & Entrepreneurs Network Rockland Journal News Rockland Review Rockland County Times WRCR, Radio Rockland News 12 |
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